The Constitution Study podcast

In one of the most anticipated opinions of this Supreme Court Term, Trump v. Barbara questions whether an Executive Order with language that mirrors the Constitution is actually constitutional. I believe that history will remember this opinion as one of the dumbest of any Supreme Court in history.

During the debates about the ratification of the Constitution, one of the questions involved the need for a Bill of Rights. One of the arguments against such a document was the idea that some may consider the listing of rights in the Constitution as permission to regulate those rights. We find an example of just such attempt to regulate rights in the Supreme Court case United States v. Hemani. Specifically, can the federal government deny your right to keep and bear arms if you use your liberty to use marijuana.

Today, July 4th 2026, is the semiquincentennial, the 250th anniversary of the Declaration of Independence. Two hundred and fifty years is certainly an anniversary worth celebrating. Sadly, in our exuberance to celebrate, many have also shown their ignorance both of the document and our history. Today, in honor of the semiquincentennial, I want to look at both the history and the document that was such a turning point in our history.

Most of us probably remember the TV Game Show "Are You Smarter Than a Fifth Grader", where contestants attempted to answer fifth grade questions for prizes. The answers given were often hilarious. What if they weren't fifth grade questions, but civics questions? Would that answer the American people give still be funny?

The Constitution delegates to Congress the power to regulate commerce "among the several States". What makes commerce not just commerce interstate? That's part of the question the Supreme Court was asked to answer in the case Flowers v. Brock.